Examining the Humanitarian Intervention Doctrine in International Law Through the Prism of 2021 Afghanistan Crisis

In this post, the author evaluates the Doctrine of Humanitarian Intervention through the prism of the 2021 intervention of Afghanistan by the Taliban. The author further analyses the extent to which other States can aid Afghanistan in this crisis and the extent to which use of force is allowed in such circumstances. Continue reading Examining the Humanitarian Intervention Doctrine in International Law Through the Prism of 2021 Afghanistan Crisis

A Discourse on Global Takedowns vis-a-vis X v. Union of India

In this post, the authors attempt to highlight the positive and negative effects of the recent judgement of X v. Union of India vis-a-vis global blocking. The authors discuss the right to be forgotten, in relation to global blocking, and the implications therein. Finally, the authors lay down their suggestions, citing the requirement for legislation which deal in particular with this concept, in order to avoid arbitrariness, and to ensure that justice is upheld.
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Ghana’s Homophobic and Heteronormative Colonial Laws: An International Law Perspective

In this post, the authors delve into the veracity behind Ghana’s legal regime on LGBTQ+ rights. They attempt to do this by scrutinising its legal framework, the influence of its socio-religious fabric on the same, and its international legal obligations. The authors argue that LGBTQ+ rights, as opposed to ‘special rights’, are inherently embedded in the body of international human rights. Further, they argue that there is ample room in the Ghanaian Constitution to honour and import the construction of ‘sex’ and ‘gender’ to include sexual orientation and gender identity as per the international standards. Continue reading Ghana’s Homophobic and Heteronormative Colonial Laws: An International Law Perspective

Time To Play Fair Vis-a-Vis Spotify vs Apple

In this post the authors discuss the recent investigation by the European Commission in the matter of Spotify v. Apple, which has resurfaced the issue of the dominance established by the few Big Technologies. Efforts made by the competition regulators in European Union, the United States, United Kingdom and India to reduce this Big Tech dominance have so far been abortive. This article delves into the unsolved ambiguities in this area in the backdrop of the Spotify v. Apple case. Continue reading Time To Play Fair Vis-a-Vis Spotify vs Apple

Sea-Level Rise, Climate Refugees and Statelessness

By: Keshav Somani INTRODUCTION The sea-level rise poses a risk to the sovereignty and existence of island states such as Kiribati, Tuvalu, and the Marshall Islands. The threat of complete and permanent submersion could displace their entire population. Even before a threat of submersion is realised, slow on-set processes such as salinisation and land degradation will cause cross-border movement of individuals. In this regard, there … Continue reading Sea-Level Rise, Climate Refugees and Statelessness

In Pursuit of Exclusion: Foreigners Tribunals: Part II (Through the Lens of International Law)

In this post, the author argues as to how the working of the Foreigners Tribunals does not adhere to set international standards and concludes by suggesting reforms which shall be incorporated to protect the rights of those concerned. Continue reading In Pursuit of Exclusion: Foreigners Tribunals: Part II (Through the Lens of International Law)

Are the Indian Courts Still Following the Constitutional Principle of Dualism? Not Quite So

In this post, the author examines how the recent trend adopted by the Supreme Court is going against the constitutional principle of dualism and separation of power. The article provides a comparative analysis of the situation prevalent in developed nations like the UK and the USA. Continue reading Are the Indian Courts Still Following the Constitutional Principle of Dualism? Not Quite So

Treading in Shallow Waters: The Contentious Standard of Proof in International Adjudication

In this post, Manvendra Singh Jadon attempts to exact the essentials of the standard of proof adopted in international adjudication by referring to the views taken in various cases of international disputes and appeals for a universal principle to be employed by courts determining the same. Continue reading Treading in Shallow Waters: The Contentious Standard of Proof in International Adjudication

Host State, Victim State: Problematising the ‘Unable/Unwilling’ Test

The ‘unable or unwilling’ test allows a state to lawfully use force against non-state actors who are present in another state which is unable or unwilling to suppress the threat posed by the non-state actors. In this post, Ahmad Ammar and Arkaprava Dass seek to establish the test as fundamentally antithetical to Article 51 of the UN Charter pertaining to the use of force, and offer options to minimise collateral damage for both host and victim state. The article finds its premise in the Balakot Air Strikes of February 2019, wherein the Indian Air Force had targeted the training camps of a terror group based in Pakistan. Continue reading Host State, Victim State: Problematising the ‘Unable/Unwilling’ Test

India has the Right under International Law to Sever Diplomatic Ties with Pakistan

In the latest post, Yash Vardhan Aggarwal throws light on how in the wake of the Pulwama terror attack, India’s next step should be to internationally isolate Pakistan as a state-sponsor for terrorism. He further elucidates how India now has to right under international law to sever diplomatic ties with Pakistan and impose economic sanctions. Continue reading India has the Right under International Law to Sever Diplomatic Ties with Pakistan